Australian Contract Law Should Be Codified

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Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions. Certainty on the Commercial Front With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally. Knowledge is the definite basis of public happiness, meaning greater accessibility to a reformed or unified contract law from what already has been built at common law would mean that commercial dealings would have the confidence to be better informed with less reliance on legal advice. Ensuring that Australian contract law adapts a level of restatement, the commercia... ... middle of paper ... ...head?: Norms, freedom and acceptable terms in internet contracting’ (2010) 14 Journal of Internet Law 18-31 CASES Australian Competition and Consumer Commission v Allphones Retail Pty Ltd [2009] FCA 17 Australian Competition and Consumer Commission v Clarion Marketing Pty Ltd [2009] FCA 1441 Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759 L’Estrange v F Graucob Ltd [1934] 2 KB 394 Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 Australian Competition and Consumer Commission v Chen (2003) 201 ALR 40 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1 LEGISLATION Electronic Contracts Act 1999 (Cth) Electronic Contracts Act 2000 (NSW) Minors (Property and Contracts) Act 1970 (NSW) Competition and Consumer Act 2010 (Cth)

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